Thursday, June 9, 2011

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  • ds37
    07-16 10:50 AM
    You need to hand over the I-94, only when leaving the country. No need to send it. If you didn't hand over, you need to send it. Always to have AP, if you want to go abroad or emergency travel, if your H1/H4 stamping in the passport is expired. USCIS prefer AP over other visa document when you come back from abroad (if you filed I-485).

    Thanks A lot Dealsnet.


    DS





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  • Seems
    02-13 05:46 PM
    Legal Immigrants - Speak up!
    Immigration Voice is your voice
    Find your voice with Immigration Voice
    A Time To Act - don't just sit and wait for GC
    Get Involved - Its Your Life!
    Boond boond sey banta saagar - Join IV and be heard!





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  • shirish
    10-15 03:49 PM
    Thankx for the info.

    Once she goes from H4 to AOS(using EAD), it doesnt matter .she can work partime, FT or not work at all.





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  • walking_dude
    11-25 11:43 PM
    Let us not turn it into EB immigrants vs. undocumented fight. They are human beings too, with a dream for better tomorrow just like us.

    As long as CIR includes fixes for EB immigration there is no reason to oppose Legalization or the CIR. We the last CIR was opposed by our community not because it had Amnesty, but because it was really bad for EB immigrants due to the short-sightedness or some hard-leftist politicians. If CIR 2007 had pro-EB measures included our community would have supported it CIR or not.

    On a personal level, I support legalization as I am opposed to the formation of another underclass. Just like I feel it morally repulsive that Indians, Chinese, legal Mexicans and Phillipinos being denied voting rights for years based on the country of birth, it's equally repulsive that 12 million people will live in this country with no voting rights. (make no istake, most of them aren't going anywhere). It's a mockery of the reason that America broke away from the British Empire - 'No taxation without representation'. (Studies have shown many undocumented immigrants in good paying jobs pay taxes using fake or someone-else's SSN. These taxes add up to millions of dollars every year)


    CIR must be defeated. It has no benefits for legal immigrants but only for illegal immigrants. Worksite enforcement must be increased to make it impossible for illegal immigrants to make a living in the USA. If not, USA will become like Mexico and USA will lose it's magnet for attracting the world's best!

    The economic basis for CIR is stupid. Illegals can still pay taxes using a TIN number. Most illegals make minimum wage - some might not even fall under the preview of the US tax law.

    CIR is only a way for hispanic politicians to gain ground in the US. 90% of US problems are because of illegal immigration. Imagine if we have 15 million illegals legal - now, they are no longer doing jobs tha Americans want to do but they feel (and are probably going get fast track) like they are American citizens and demand non-farm American jobs. The whole cycle is stupid.



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  • joshraj
    10-04 12:28 PM
    Congrats :)





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  • Photoman
    March 26th, 2004, 08:22 AM
    I have just joined this forum and collected my D70 last night. Used for the first time tonight took about 200 photo's with my SB-80DX flash.
    I had to use camera on A or S priority with flash set on Auto. Quite a backward step after TTL metering with the F100.
    The only Nikon flashes which provide full interaction with the D70 are the SB-800 & SB-600. Only these provide auto zoom head function, ISO from camera and TTL metering.
    Hope this helps.PM

    SB-26 will be a problem. You cannot use TTL flash mode with any Nikon digital camera. It would be like going back to an old thyristor auto flash. Only the DX series flashes work with the digitals.



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  • lostinbeta
    09-04 03:36 PM
    Glad I could help:)





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  • qasleuth
    01-08 12:52 AM
    Thank you qasleuth ..... ..... ..... ..... frack you
    Just read your post and you will see the same dastardly mistakes that I supposedly made.

    The difference is: I did not pre-suppose my English is perfect.

    Supposedly means 'hypothetical'. You did not 'supposedly' make them, you actually did. Sentences do start with capital letters and you need commas when appropriate.

    Please dont take this as a personal one off attack. I have read quite a few of your posts. Here is a good reference URL for your perusal.

    http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2000/01/18/MN73840.DTL



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  • gc_kaavaali
    11-21 07:00 PM
    In my view it is risky to change employer when I-140 is pending....it is my suggestion only...talk to your attorney

    hi-
    What will happen if 140 still penidng agter passed 6months 485 recipt date,can i cahnge the jobs in this situtation also

    Thanks
    Aj





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  • thomachan72
    09-08 01:19 PM
    Both Shaktisagar and Greyhair make very valid points. Which side wins the argument well only time will tell. Nothing works the way it ideally should. The world is evolving and this recession and all this policies are all part of the evolution. People have started rethinking the value of having money versus true peace/hapiness slowly. In the US the disparity was partly hidden by the "plastic". Everybody was given a plastic and everybody could buy and live the "dream". Well that has just about ended to some extent. The problem is that, it is just about begining in Indian/china/brazil and russia.

    What brings real peace/hapiness? Once 3rd world citizens (like Indians) get over the issue of "am I better than my neighbour?" India will progress towards its real goal very fast. The real goal being true peace and hapiness rather than the pseudo/fancy/fantasy/unreal/materialistic world that is propagated by the media.

    If only we all had easy access to our inner ability for tremendous patience to tide over this process of evolution.......But it lies beyond our reach while we lie rolling in the misery created by our thoughts and desires.........



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  • Leo07
    11-27 12:41 PM
    Post July 15th 2007...Labor substitution is banned...Thanks to many cheap consulting companies for selling the Labor Certs in Black market.





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  • Lollerskater
    08-05 12:23 PM
    OP are you compiling statistics? For EB2 or EB3?

    I'm another July 2 filer for EB3. Still waiting. However, the visa bulletin states all EB3 visas are unavailable and thus, we should be waiting.

    Is there some kind of info leading you to think that us, July 2 filers, shouldn't be still waiting?



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  • gulute
    03-16 06:31 PM
    why is it denied?

    Hi,

    My wife's H4 visa got denied and her I94 got expired. Can she stay for 30 days if so will she be having any problem while coming back with valid status?





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  • bbct
    05-02 10:56 AM
    The IO will not issue an I-94 with the expiry date same as the new approval notice end date. You will be given an I-94 with the expiry date same as the visa expiry date on the passport. If you are using AP to enter, you will be given an expiry date of 1-year from the date of entry.

    My wife travelled in July 2007 on H4 when my H1B was expiring on 09/30/2007. She showed the approval notice that was valid till 09/30/2010 and was still given the I-94 valid till 09/30/2007.

    Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.



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  • tikka
    08-07 10:24 AM
    Could not attend the coffee appt. Hopefully will be able to attend the lunch.

    you can make it..





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  • fromnaija
    07-20 11:24 AM
    File for her as CP. Whenever she is ready to move here have her get an H4 visa and then change CP to AOS when she gets here.

    Caveat: I am not an attorney so ask your lawyer if this is a feasible option.



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  • Gravitation
    11-19 10:30 AM
    For July 2nd filers, the freedom is attained on Dec 29th (180 days after filing).





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  • micofrost
    07-12 01:34 AM
    "We continue to pay for Your Social Security
    But the presidency gives illegals over legals more priority"





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  • kannan
    01-10 05:27 PM
    Mine is still in CA only.no transfer and no FP





    Mohit_Malkani
    10-08 11:13 AM
    Sorry to hear about your situation.

    Take a look at www.immigtation-law.com. Go to the nreaking news swction. They have a great piece on I140/I485 portability.

    I have also pasted it here in case you dont get to the website

    All the best.

    10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication

    When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
    The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer�s ability to pay the prevailing wage."
    (1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
    (2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physically location restrictions.
    (3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
    Remember that when there is a portability issue, two things can ensure. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
    In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.





    gg_ny
    03-18 01:54 PM
    Q: Does the core team who have their boots in Washington have any knowledge of the date when the CIR will be introduced by Mr Kennedy?

    Answer: (ALthough I am not part of the core team)...When the Judiciary committee is done with calling people for testimony in the 'Purgegate'. That means, upto the 3rd week of April. Even if it gets introduced to the floor of the Senate, the committee is going to be preoccupied with this scandal. Maybe if AG resigns, and all the fired prosecutors are reinstated next week, then by the end of the month you can start hearing the discussions. I gathered some words in the wind that high tech companies that wrote letters on quota for H1B is preparing to introduce a measure (when need arises) anticipating 1) H1B quota will run out in 21 days 2) CIR would not happen this year. BUT I AM NOT sure how much substantiated this is.

    Hello :

    Does the core team who have their boots in Washington have any knowledge of the date when the CIR will be introduced by Mr Kennedy . Days have turned to weeks then to months and we have been just hearing stories of the bill getting introduced "Next Week ".The press is spilling gallons of ink and the onliners are creating Gigabytes of forum data on Immigration Legislation and its outcomes, but nothing seems to come out of Capitol Hill , they are just going around in circles .Are they actually going to do something this year or is it just another eyewash ?



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